Guidance

Issuing section 50 street works licences

Published 5 February 2024

Applies to England

What this guidance covers

This good practice guide is aimed at highway authorities and those organisations that need to carry out street works using licences issued under section 50 of the New Roads and Street Works Act 1991 (NRSWA). It provides advice on:

• the legislative background
• when licences should be used
• good practice for dealing with applications
• other issues, for example, asset ownership and maintenance, and fines and penalties

Those organisations who need to apply for section 50 licences are those without a statutory right to install ‘apparatus’ in the highway.

Apparatus in this context may include:

• any equipment, pipework, ducting, culvert, tunnel, cabling or other such connecting plant or conduit
• as well as associated chambers, valves, junction boxes poles or
• any other equipment required to transmit, convey or facilitate the connection of services or
• in some cases, products such as liquids, effluent, gas, heat, electricity, telecommunications, powders, oils, and gels

Such apparatus may be required or installed by, but not limited to:

• housing developers
• some electric vehicle chargepoint installers
• commercial companies linking their sites
• private residents
• those installing and maintaining private drainage

The aim of this guide is to help improve consistency across different authority areas, to reduce the time it takes for applicants to obtain a licence and for authorities to process them, and to clarify the legislative requirements. It applies to England.

The purpose of the guidance

Utility companies and some other organisations have statutory powers to install, maintain and repair apparatus in a public highway (carriageway, verge and footway). These are commonly known as ‘statutory’ undertakers and have a legal right to carry out street works in line with the requirements of NRSWA and after obtaining a permit from the relevant highway authority under the Traffic Management Act 2004 (TMA).

Statutory undertakers need to apply for a permit in advance of carrying out works. They must apply for these via the Department for Transport (DfT) Street Manager service.

Any organisation or individual that is not a statutory undertaker must apply for a licence under section 50 of NRSWA from the relevant highway authority if it wants to:

• place, or to retain, apparatus in the street
• carry out any works required for, or incidental to, such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street)

The licence is also likely to cover additional activities to inspect, maintain, adjust, repair, alter or renew the apparatus, change its position or remove it.

Those who hold a section 50 licence are included in the NRSWA definition of ‘undertaker’.

Each authority will have its own way for applicants to obtain a section 50 licence. Fees will vary, as will the time it takes to obtain a licence.

With the rollout of major infrastructure projects such as the installation of electric vehicle (EV) charging apparatus, it is likely that there will be an increase in the number of applications for section 50 licences.

We know that the application process and associated costs vary greatly between authorities, with some requiring bonds before licences are granted and others having extensive requirements in terms of information they need to be sent before an application will be approved. As a result, installing apparatus under a section 50 licence can be a lengthy and costly process, hindering the efficient rollout of infrastructure projects.

There are other issues. The current process of granting section 50 licences often leaves the authority and the licence holder without any clear direction about who will take responsibility for the repair and maintenance of the apparatus after it has been installed. As a result, some authorities are unwilling to grant section 50 licences until this has been agreed.

This guide aims to help overcome these issues, to promote greater consistency in the issue of licences and to ensure that they are only used in circumstances where a person or organisation does not have a statutory right to install their apparatus. It also seeks to improve application processes to reduce application time for the licensee and the authority and to ensure clear asset ownership.

Depending on the work being carried out, other permissions may be needed, for example, planning permission or road space booking to agree the date and time when the works can take place. Please note this guidance focuses solely on the section 50 application process.

This guidance aims to balance the right of undertakers carrying out street works with the rights of authorities and road users to expect that works are carried out and maintained in a manner that reflects the standards set out in the following statutory guidance:

• Specification for the reinstatement of openings in highways (SROH)
• Safety code of practice
• Co-ordination code of practice
• Inspections code of practice

When should you use a section 50 licence?

If an organisation wants to carry out works in relation to apparatus in the public highway and does not have a statutory right to do so, they can apply for a section 50 licence.

If an organisation has a statutory right and an appropriate Street Works Act (SWA) code, then they will not need a section 50 licence to install their apparatus.

Such an organisation is known as a ‘statutory undertaker’.

These works can be carried out with a permit.

For example, if an undertaker has a statutory right and an SWA code covering electrical works and they are seeking to install electrical apparatus, they should do so using a permit.

In England, almost every highway authority now operates a permit scheme under the TMA. The Traffic Management Permit Scheme (England) Regulations 2007 as amended provide that only statutory undertakers can apply for a permit.

All permits are applied for and approved via Street Manager, which is used by every authority, utility company and their contractors in England, as required by section 53 as amended of NRSWA.

To access Street Manager, organisations need to be issued with a relevant SWA code by GeoPlace.

Highway authorities can also use Street Manager to register section 50 licences.

This is voluntary but it helps with the co-ordination and planning of all street and road works. Street manager streams data to a range of users, including data about any live section 50 works.

Where an organisation does not have the relevant statutory right and SWA code for the apparatus that they wish to install, these works may be done under a section 50 licence. However, if it is likely that the undertaker will be carrying out multiple works in a utility sector, the organisation should apply for the relevant code powers to enable them to do their works under permits.

This flowchart (illustration with text description below) explains when you should use a section 50 licence.

Text version of flowchart graphic

1. Are you a statutory undertaker?

Yes: Go to question 2.

No: You should apply for a section 50 licence to install your apparatus.

2. Do you have a statutory right and an SWA code covering the type of apparatus you wish to install?

For example, you have an SWA code relating to electrical works and you are seeking to install electrical appliances.

Yes: Apply for a permit. You do not need a section 50 licence.

No: Go to question 3.

3. Will you be carrying out multiple works of this type?

Yes: Go to question 4.

No: You should apply for a section 50 licence to install your apparatus.

4. Do you have a statutory right?

Yes: You should apply for the relevant SWA code powers to enable you to apply for your permit.

No: You should apply for a section 50 licence to install your apparatus.

Table 1: Works that can be carried out under a section 50 licence

Description of works	Non-statutory undertaker	Statutory undertaker with relevant SWA code powers
Supply of power to an EV chargepoint	Yes	Use permits
Installation of streetlights*	Yes	Use permits
Install/remove/repair electricity supply	Yes	Use permits
Install/remove/repair gas supply	Yes	Use permits
Install/remove/repair water supply	Yes	Use permits
Installation of a manhole/chamber	Yes	Use permits
New sewer/drainage installation	Yes	Use permits

(* Streetlights within the highway should only be installed by a street lighting authority, which may not be the highway authority in all cases. Such authorities may be parish, town, borough, district, metropolitan or city councils.)

A section 50 licence is not always the most appropriate form of permission for works that fall outside of the permit scheme. Table 2 highlights works that should not be carried out under a section 50 licence as there are more appropriate routes.

This is not an exhaustive list. There may be caveats with use of these alternatives. For example, they may only be used in certain circumstances and will depend on the nature and size of works.

Where multiple features are proposed as part of a scheme, such as a public realm or as part of works required to facilitate development, then the highway authority may reasonably require such features to be installed subject to an agreement under section 278 of the Highways Act 1980.

Applicants should always check with the relevant highway authority.

Table 2: Potential alternative licences or permits to a section 50 licence

Description of works	Alternative licence/permit type
Bollards installation	Highways Act 1980 Section 80
Borehole drilling	Highways Act 1980 Section 171
Boundary walls or fences – installation/removal/repair	Highways Act 1980 Section 171 for any excavations in the public highway
Bus shelter installation	Highways Act 1980 Section 115B
Construct a new crossover	Highways Act 1980 Section 184
Construct a new site entrance	Highways Act 1980 Section 184
Crane – installation/removal/dismantling	Highways Act 1980 Section 177 or Section 169
Erecting scaffolding in the footway/carriageway	Highways Act 1980 Section 169
Excavation of the footway/carriageway	Highways Act 1980 Section 171
Filming	Can be done under a traffic regulation order – Road Traffic Regulation Act 1984
Footpath closure/carriageway closure	Road Traffic Regulation Act 1984 Section 14
Holding traffic for drone footage	Road space booking for traffic management
Housing development works (where works do not involve installing apparatus in the public highway to serve the development)	Highways Act Sections 38, 184 or 278 or Town and Country Planning Act Section 106
Lifting of paving slabs/replacement of paving	Highways Act 1980 Section 171
Memorial installation	Memorial bench could be installed under Highways Act 1980 Section 115 and a tree under Highways Act 1980 Section 142
Parking meter installation	Traffic Management Act Part 6
Road closure for sporting events	Road Traffic Regulation Act 1984 Section 16A
Road closures for parades, festivals, street parties and community fairs	Road Traffic Regulation Act 1984 Section 16A
Speedhumps installation	Highways Act 1980 Section 90
Tree felling/pruning works	Road space booking for traffic management
Trial hole	Highways Act 1980 Section 171

We are aware that some authorities may also be asking EV chargepoint installers to apply for permission under section 115E of the Highways Act 1980.  It should be noted that these are not necessary if the organisation installing the chargepoint has either a statutory right to carry out the street works or a section 50 licence. Only a statutory right or a section 50 licence is required.

The application process

This section provides advice relating to licence applications. One of the current issues is that each authority will have its own or multiple application forms and different requirements. This creates inconsistency and additional administrative burdens for both authorities and applicants who work across different authority areas. The aim of this section is to support authorities in providing a common and consistent application process.

Having a familiar application process will make it easier for applicants to understand what is required. It is also helpful for applicants working across multiple authorities to have similar, or the same, application forms. Therefore, we recommended that authorities align their application processes with neighbouring authorities as much as possible.

Related legislation has and will change from time to time, such as the manner in which inspection units are calculated. When there have been changes to legislation, the authority should review their application forms and terms and conditions to ensure they are up-to-date and accurate. We are aware of some authorities using definitions of, for example, major works that do not reflect the updated legal definition.

The GOV.UK homepage for this guidance contains a PDF document with a suggested template that authorities could use in their application forms. Authorities are responsible for making sure their forms meet accessibility requirements.

Applicant duties under NRSWA

The person granted a street works licence under section 50 becomes an undertaker for the purposes of NRSWA. Therefore, the relevant duties and responsibilities imposed by NRSWA, associated secondary legislation and statutory codes of practice apply to a section 50 licensee in the same way as any other undertaker. It is not necessary to repeat these requirements in the licencing application or in the licence conditions. We advise, instead, that applications should be made aware of their responsibilities under NRSWA and a link can be provided to the relevant legislation.

It is important to note that, when a licence is granted, the holder becomes an undertaker for the apparatus specified in the licence. The licence may allow for further works such as inspecting, maintaining, and repairing apparatus unless it is time-limited for reasons including it being assigned to another party. Licences do not cover additional apparatus to be installed.

Application styles

The authority should consider the applicant when designing its section 50 application forms. Current applications are often complex and leave the applicant confused as to which sections to complete, so authorities should streamline and simplify their application process as much as possible and simplify the language. This will also benefit the authority staff who process applications.

It is not necessary to have multiple application forms for different types of applicants or circumstances. Having multiple forms can complicate the process for both the applicant and the authority. If an authority currently uses separate application forms for new and existing apparatus, they should consider amalgamating these into one form with sections to cover both scenarios.

It is not necessary for authorities to request information that is not needed at the time of the application, for example, reinstatement notices since these are sent within 10 days of the reinstatement being completed. Authorities should only request the information that is needed to approve the application.

The authority should provide clear guidance for applicants on how to complete the application form. This should include advice on which sections will apply, the sort of information and documentation that applicants will need to supply, as well as any evidence that will be needed.

Authorities should only request any personal information that is necessary for dealing with the application and should ensure that they comply with GDPR requirements.

The government recommends digital by default for public services. If they do not already do so, authorities should enable and support online applications for section 50 licences to help make it easier and quicker for applicants.

Digital signatures can be used as part of applications, using products like ‘DocuSign’. Section 234 of the Local Government Act 1972 provides that documents may be signed on behalf of the authority by the ‘proper officer’. Under subsection (2), any document bearing the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.

It is specifically provided that ‘the word “signature” includes a facsimile of a signature by whatever process reproduced’. Section 7A(1) of the Electronic Communications Act 2000 provides that, in any legal proceedings, a seal can also be executed electronically and shall be admissible in evidence.

Applications for apparatus at multiple locations

NRSWA does not limit the number of works that may be covered by a section 50 licence, nor does it limit these works to one location. Therefore, the authority may, if it wishes, group multiple works under a single licence.

Decisions relating to the issue of section 50 licences should be guided by the general duties as specified in section 59 of NRSWA:

• acting in the interest of safety
• minimising the inconvenience to persons using the street, having particular regard to the needs to people with disabilities
• protecting the structure of the street and the integrity of the apparatus in it

So, if an authority is content that issuing a section 50 licence to cover multiple works/works in different locations is consistent with the section 59 duties, then there is no reason they cannot proceed in this manner.

Timescales for application processing

The applicant should have an idea of how long they can expect to wait for their application to be processed, especially as they are being charged for a licence application. The highway authority should give indicative timescales for processing on its website, and in any acknowledgements when applications have been received.

Applications are often delayed due to missing information or evidence. Authorities can help to reduce these delays by helping applicants understand what evidence will be needed before they apply. The following actions can minimise the need for applications to be sent back for evidence:

• publish and provide a checklist of all documentation and evidence requirements applicants will need before they apply – see suggested section 50 template
• provide clear advice online which highlights circumstances where other permissions or consents such as planning permission or permission from the utility company will be required before submitting a section 50 application

Licence fees

Schedule 3 of NRSWA provides that the authority may charge the licensee for:

• legal or other expenses incurred in connection with the grant of a street works licence
• an annual fee of a reasonable amount for administering the licence

The highway authority should be transparent about the costs involved and provide a breakdown to help the applicant know in advance what the cost will be and what it covers. Licence fees must be included in the application.

Authorities should ensure that their fees accurately reflect the legislation and the fees set in regulations and statutory guidance.

For example, we are aware of some authorities who charge for issuing a licence that is then only valid for an initial period of time – a month or 3 months. They are then charging a set amount for every additional period of extension. The power to charge in Schedule 3 NRSWA refers to fees covering the granting of a licence and then an annual administration fee.

We are also aware of authorities setting different fees for, for example, inspections than those set out in the relevant regulations and statutory guidance. Authorities should ensure their fees are consistent with what is permitted.

If the authority is requesting cash deposits or bonds as part of a section 50 application, these should be reasonable and in proportion to the works. The authority should ensure it has taken its own legal advice that it is permitted to charge such deposits or bonds. The authority should also inform the applicant what the cost will be, what the deposit or bond covers and when/how it will be returned.

On average, authorities are charging around £500 (in 2023) for a section 50 licence. We are aware, however, of other authorities charging different amounts according to the type of work, with one charging around £400 for a minor work and £2,500 for a major work. Highway authorities should ensure that their fees reflect their reasonable costs and expenses incurred in connection with granting a section 50 street works licence and should be able to demonstrate this. Those who are currently charging much more than the national average or more for standard and major works should consider reducing the charges.

We are aware of other authorities that have different fees depending on the depth of the excavation, with one ranging from £200 to £1,600. Others have different fees depending on the length of the excavation, for example, £1,200 for the first 200m and then an additional £200 for every additional 200m in length. Others charge more for works on different types of roads.

Some authorities also have a whole range of different charges according to time, square meterage and whether it is new or existing apparatus.

Authorities should refer to Schedule 3 NRSWA on what the charge is allowed to cover and ensure that their fees reflect what is permitted.

We recommend having one set fee for processing section 50 licences since this is the clearest and simplest for applicants and for authorities to administer. We have found several that follow this good practice and have the same fee for all section 50 applications, plus, for example, a £5 or £10 annual fee. The fee should include the cost of processing a road space booking form to avoid applicants having to pay again when this is sent, perhaps at a later date. Some authorities also include inspection fees in their simple, set fee.

Grounds for refusing applications

In all cases, the highway authority has the right to refuse to grant a licence where it is perceived that either:

• highway users may be unnecessarily disrupted or obstructed
• safety may be compromised
• the structural integrity of the street or apparatus may be jeopardised

The authority should not have a blanket ban on the issue of all section 50 licences and all applications should be carefully considered before refusing.

After discussion with representatives from some authorities, we consider that reasonable grounds for refusing applications might include the following, but is not limited to:

• apparatus placed longitudinally in the highway
• apparatus facilitating the movement of hazardous materials without appropriate consents, agreements and public protection
• apparatus that may, due to line and level, prejudice the integrity of the highway
• apparatus that may, due to line and level, prejudice the highway authority’s ability to manage and maintain the highway safely and efficiently
• apparatus that may, due to line and level, prejudice the access to or maintenance of private property

Asset ownership

The authority will want to ensure that any individual or organisation installing apparatus on the public highway under a section 50 licence has put arrangements in place to ensure that the apparatus is maintained and that there is someone/an organisation who can repair the apparatus if it becomes defective. Asset ownership can be transferred to another organisation, but the authority must be informed who that is so that they know who to contact if there is an issue.

Lack of clarity regarding asset ownership is one of the leading causes of delay in processing applications. To reduce these delays, the application should include a section about ongoing liability for maintenance and ownership.

In this section, authorities should make it clear to applicants that, at the time of applying, they need to have identified who will take over ongoing ownership and maintenance of the asset at the time of applying if this is to be transferred after installation.

The reinstatement of the public highway after works have taken place is subject to a guarantee period of 2 years, or 3 years for deep excavations – see the specification of the reinstatement of openings in highways’ (SROH). The authority will need to know who is responsible for the reinstatement so that they can ensure it is repaired if it fails at any point during the guarantee period.

Other types of permission/permit

It should be noted that other consents and permissions may be needed before and after a section 50 licence is required. Applicants should ensure they are aware of what is needed and when, and apply for these in good time. Authorities should ensure that the most common type of additional consents and permissions are signposted on their section 50 application forms and links provided on their online application pages to help applicants navigate and obtain what is needed.

Future maintenance

Some authorities believe that further works associated with a section 50 licence should be carried out under section 171 of the Highways Act 1980. Section 50 covers the placement, reinstatement and maintenance of apparatus. Therefore, it is enough to inform the applicant that they must notify the authority if/when works will be carried out. It is not necessary to have separate forms to cover the installation and the reinstatement or to make use of section 171 of the 1980 Act.

Road space booking forms

Some authorities include a road space booking form or a notification of works form in their section 50 application forms. Road space can be booked at the time of the application but it can also be booked separately when the application is approved and the applicant wants to agree a date and time to carry out the works or any subsequent phases of works.

Any subsequent works on the apparatus for which a section 50 licence has been agreed will also require road space booking.

Temporary traffic regulation orders (TTROs)

Sometimes, TTROs are needed if, for example, a road needs to be closed or partially closed to carry out works, suspend parking bays or to cover temporary traffic management arrangements. Applications for a TTRO should be dealt with separately. Authorities should, however, let applicants know as soon as is possible that a TTRO is needed and how they can apply so that applications for those can proceed in parallel with the section 50 application to save time.

Permission under section 115E of the Highways Act 1980 

We are aware that some authorities may be asking EV chargepoint installers to apply for permission under section 115E of the Highways Act 1980 in addition to the section 50 licence or permit.  It should be noted that section 115E permission is not necessary if the organisation installing the chargepoint has either a statutory right to carry out street works or a section 50 licence.  Only a statutory right or a section 50 licence is required. 

Recording the location of apparatus 

Any undertaker, including those carrying out works under a section 50 licence, must record the location of every item of apparatus they are placing or relocating in the street and to keep these records up to date. This is to ensure safety when other undertakers are carrying out works. Some authorities will ask for maps to be sent to them so that they can also keep a record.  

The Geospatial Commission is building a digital map of underground pipes and cables –the National Underground Asset Register (NUAR). The Data Protection and Digital Information Bill currently in Parliament will, once it has been approved, require asset owners from the public and private sectors to share relevant data in a prescribed manner with the NUAR platform and keep it up-to-date. It will also make provision to charge them a membership fee for the service and fine those who do not comply with either of the obligations.

EV chargepoint installers

Statutory undertakers have powers to install apparatus in a public highway and can apply for permits from the relevant highway authority via Street Manager, DfT’s digital service for planning and managing works. Maximum permit fees are set in statutory guidance, as well as response times for authorities to deal with applications.

Any other company or individual who wants to install and maintain apparatus will need to apply for a licence under section 50 of NRSWA. A significant number of these applications are currently being submitted for EV chargepoint installations. This is because chargepoint operators (CPOs) are not statutory undertakers.

Highway authorities in England expect this number to increase with the uptake of electric vehicles.

In most cases, the CPO will apply for an electrical network connection from the Distribution Network Operator (DNO) prior to the installation of a chargepoint.  

When developing chargepoint deployment plans, the DNO will be able to provide technical expertise and location-specific advice. The DNO should also be involved in the development of any highway authority EV charging strategies to ensure the DNO is aware of future plans, and to provide input from an electricity grid perspective.

In advance of the installation of a chargepoint, the CPO will have to apply for a section 50 licence from the relevant highway authority as they are not a statutory undertaker – the DNO will be a statutory undertaker.

Once any relevant planning permission, other approvals and the section 50 licence has been granted, the CPO can co-ordinate the installation of the chargepoint.

The current inconsistencies across the country for dealing with section 50 applications can impact chargepoint installers who may be planning to deliver nationwide projects. Delays in applying for and processing section 50 licence applications can also hold up the delivery of necessary chargepoint infrastructure.  We, therefore, recommend being aware of and following this guidance as much as possible.

Unlike permits, one section 50 licence can cover several installations across several streets. See the section of this guidance on Applications for apparatus at multiple locations for more information on this.

We understand that some EV chargepoint installers are statutory undertakers for other apparatus types, such as telecoms. Their status as a statutory undertaker and use of an existing SWA code is not transferrable to EV or other apparatus types.

We recommend that they apply for statutory powers relating to that type of apparatus from the relevant regulator, enabling them to subsequently obtain a related SWA code from Geoplace. This would mean that they could then apply for a permit, rather than a section 50 licence.

The government is also consulting on amending legislation to allow EV chargepoint installers access to permits and Street Manager.

Legislative background

The New Roads and Street Works Act 1991 (NRSWA) provides the legislative framework for street works carried out by statutory undertakers (including utility companies) and section 50 licence holders, and works for road purposes carried out by highway authorities.

Under section 50 of NRSWA, the authority may grant a licence permitting a person to:

• place, or to retain, apparatus in the street
• thereafter, to inspect, maintain, adjust, repair, alter or renew the apparatus, change its position or remove it
• execute for those purposes any works required for or incidental to such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street)

The works that are required for or incidental to works include:

• the reinstatement of the street
• any remedial works

Schedule 3 of NRSWA provides that the authority may recover a fee from the licensee in respect of:

• legal or other expenses incurred in connection with the grant of a street works licence
• an annual fee of a reasonable amount for administering the licence

Under schedule 3 of NRSWA, the authority is empowered to attach to a street works licence such conditions as they consider appropriate:

• in the interests of safety
• to minimise the inconvenience to persons using the street (having regard, in particular, to the needs of people with a disability)
• to protect the structure of the street and the integrity of apparatus in it

It should be noted that section 48 of NRSWA defines ‘undertakers’ as ‘the person by whom the relevant statutory right is exercisable (in the capacity in which it is exercisable by him) or the licensee under the relevant street works licence’.

This means that other requirements in NRSWA which refer to ‘undertakers’ apply to section 50 licence holders. These include:

• section 60: general duty of undertakers to co-operate
• section 65: safety measures
• section 70: duty to reinstate
• section 75: inspections
• section 79: duty to record the location of apparatus
• section 81: duty to maintain apparatus
• section 82: liability for loss or damage caused

The authority has a power under section 75 to inspect works being carried out and reinstatements for compliance with the safety code and SROH. The authority can charge the undertaker £50 per unit of inspection, which is based on the duration of the works. Inspections can be carried out while works are taking place, up to 6 months later, and up to 2 years later or 3 years for deep excavations. If the authority finds a defective reinstatement, they can charge £120 for a follow-up inspection to check that it has been repaired.

It is a requirement under NRSWA for there to be a qualified operative on site at all times while street works are in progress. The qualifications held must be appropriate for the work being carried out. NRSWA also requires that the site is supervised by a person having a prescribed qualification as a supervisor. The supervisor is not required to be on site at all times.

Read more about Street works qualifications in England: guidance for operatives and supervisors.

Some authorities operate lane rental schemes under section 74A of NRSWA. This means that additional charges of up to £2,500 per day apply to works on the busiest roads at the busiest times. These charges also apply to section 50 licensees in the same way as other undertakers. Schemes are currently in operation on the Transport for London (TfL) network in London, and in Kent, Surrey and West Sussex.

Street works are classed in different categories. These are:

• major works – ones with a planned duration of more than 11 working days or which need a temporary traffic regulation order
• standard works – ones with a planned duration of between 4 and 10 working days inclusive
• minor works – ones with a planned duration of 3 working days or less
• immediate works – urgent and emergency works

Undertakers wanting to carry out works must let the authority know:

• for major works – 10 days before works start on site - as well as advance notice of 3 months before
• for standard works – 10 days before
• for minor works – 3 days before
• immediate works – within 2 hours of the works starting or by 10am on the next working day

In England, almost every highway authority now operates a permit scheme under the TMA. The Traffic Management Permit Scheme (England) Regulations 2007 as amended provide that only statutory undertakers, so those with a relevant statutory right, can apply for a permit.

All permits are applied for and approved via Street Manager, which is used by every authority, utility company and their contractors in England, and as required by section 53 as amended of NRSWA. To access Street Manager, organisations need to be issued with a relevant Street Works Act (SWA) code by GeoPlace.

Penalties and fines

Unless you are doing so in pursuance of a statutory right or a street works (section 50) order, it is a criminal offence under section 51 of NRSWA to carry out works to either:

• place apparatus in a street
• break up or open a street, or a sewer, drain or tunnel under it, or to tunnel or bore under a street, for the purpose of placing, inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, or of changing the position of apparatus or removing it

Anyone who commits such and offence is liable to prosecution in a magistrate’s court and an unlimited fine.

The authority can also direct the offender to remove the apparatus and direct them to take such steps as appear to them necessary to reinstate the street or any sewer, drain or tunnel under it. If the offender fails to comply with the direction, the authority may remove the apparatus or carry out the necessary works and recover costs from the offender.

Other penalties that apply to undertakers include section 50 licensees, for example:

• section 74 charges for overrunning works, which can be up to £10,000 per day
• fixed penalty notices can be issued for late registration of reinstatements and works start and stop notices – see the Co-ordination code of practice for more information